Appellate Division of the Supreme Court of New York, 1953

Tidy House Paper Products, Inc. v. Automatic Fire Alarm Co.

Tidy House Paper Products, Inc. v. Automatic Fire Alarm Co.
Appellate Division of the Supreme Court of New York · Decided May 11, 1953
281 A.D. 1036; 121 N.Y.S.2d 525; 1953 N.Y. App. Div. LEXIS 4245
Tidy House Paper Products, Inc. v. Automatic Fire Alarm Co.

Opinion of the Court

In a consolidated action by tenants to recover damages for alleged negligence of respondent in failing to transmit a signal that a sprinkler system was operating, in accordance with its duty under its contract with the landlord, judgment dismissing complaints unanimously affirmed, with costs. (Moch Co. v. Rensselaer Water Co., 247 N. T. 160, 167, 168; Rosenbaum v. Branster Realty Corp., 276 App. Div. 167; Marlboro Shirt Co. v. American Dist. Tel. Co., 77 A. 2d 776 [Md.].) No.actionable negligence was established. Present — Carswell, Acting P. J., Wenzel, MacCrate, Schmidt and Beldoek, JJ.

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